Alimony / Spousal Support

During the course of a divorce matter, you may be faced with an issue of spousal support, also known as alimony. In New Mexico the statutes use the term spousal support and not alimony. Spousal support isn’t like child support in that you simply plug figures into a calculator and get a number. Instead, it’s a factual determination. This means that there are several statutory factors that the court will consider in whether to award spousal support, how much to award and for how long.

New Mexico does have spousal support guidelines to help families “plan” for a spousal support issue, but those guidelines are only used in negotiations and don’t carry the authority of law. One of the largest factors considered by the court is the length of one’s marriage along with the need for such support. A marriage of one year where both parties work isn’t treated the same as a marriage of 40 years where one party was a stay at home parent.

Another important consideration involving spousal support in New Mexico is the type of spousal support. For example, there is rehabilitative spousal support, transitional spousal support, lump sum spousal support and other forms as well. It’s important to consider the type of spousal support relevant to your situation because it impacts on the method of payment along with the length of time associated with spousal support.

In sum, the court will need to consider the facts of each case (the ability to pay, the need, the age of parties, their health, etc.) and hold those facts up to the law to ascertain whether spousal support is appropriate, how long payment should be and at what amount. These are very important considerations that require the advice and direction of proven and knowledgeable attorneys.

Justice Legal Group is here to help you manage your spousal support case. Contact us throughout New Mexico at 505-880-8737 or email us at Don’t be caught without the help you need during this time. It may end up being a very costly mistake for you. Contact us today to learn more about how our simple fee guarantee can help you during this time.

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